• Parking and roof right

My old mother was alloted a DDA LIG Flat in 1979 top most floor in three tier building.The falt has been given on rent since then as my parents are govt employees.  After retirement my parents stayed at my grandmother house in delhi  n till now we are living there. Now a lady living on first floor of 3 story  has dumped garbage, junk n plants pots which has resulted into seepage . She has also illegaly extended her balcony both sides front and backyard to create two rooms. She has installed a spilit AC in his illegal rooms and outdoor units were installed on our roof.she put her own lock on roof  n giving false facts or excuses such as our tenants drink alcohol. I gave her key of roof as she wanted to check het water tank but it seems she is now trying to ocuppy the roof. She has installed another water tank on roof on pretext of she  needs more water. 
Please help.
Asked 7 years ago in Property Law
Religion: Hindu

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10 Answers

File complaint with authorities for illegal extensions made by your neighbour

2) Terrance forms part of common area for benefit of all members

3) ask for terrace extra set of keys from

Neighbour

4) if no action taken file suit and seek court orders to demolish illegal construction

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

Dear Client,

Any major alteration changing the figure of property without the permission of owner amounts to violation of lease deed and if u r planning to shift delhi than its bonafied need to get house vacated, file case of eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

Hello,

1) You can file a complaint in the Municipal Corporation avoid her illegal structures erected on your part of the property and demand them to be removed forth with.

2) You can also lodge a police complaint against the trespasser and get help to compel her to be in the limit of he property and remove the water tanks fitted and other additional construction.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

Dear Brother/Sister

Send the legal notice through lawyer to withdraw all the nuisance created by her with a warning. And if in case she do not withdraw the authorities would take appropriate action for the nuisance created. Send a copy of the notice to the concerned authorites as well.

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
385 Answers
12 Consultations

Move a Complaint before DDA calling upon it to remove the unlawful encroachments from the common area of the building. Also, place a request for pulling this extra and illegal construction.

If the needful isn't done on your request, approach the Delhi High Court against the criminal inaction of DDA.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Give complaint to Municipal Authority and DDA Authority for illegal constructions. Additionally you can also give complaint to Police for creating nuisance. She cannot put her own lock on roof.

Ravinder Pasula
Advocate, Hyderabad
400 Answers
125 Consultations

Hello,

Issue her a legal notice.

If she still refrain herself from doing these acts then you may file a injunction suit in the civil court and obtain an injunction on the ground that there is an illegal occupation by the lady and that the acts of her are causing nuisance in day to day life.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The extension of her first floor house, if proper approval was not obtained then you may report this matter the competent authority about this illegal structure.

If you have the terrace rights then you may object to her additional structure and other nuisances done in the terrace.

You may even drag her to court with an injunction suit for this illegal activity in your property, provided your mother has been allotted with the roof rights in her registered sale deed. .

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

Pls make an application of any illegal extension of the building to the municipality or development authority, as applicable. Such authority will take against her if the extension is illegal. Regarding the locking of the roof door, none can block it and you can a civil suit against her.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

First you need to write complaint to the DDA for this issue if they failed to sort out this matter then you can go for the civil suit against her in which DDA must be party to the case.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

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